Article 120a Stalking
An service member who wrongfully behaves with a person in such a manner
that the latter fears for her/ her family members' life or well being
is violating this article. This article also covers incidents where the
victim is made to fear that sexual assault may be perpetrated with her/
her family members. Specific acts (not just general conduct) committed
by the enlisted member that induce fear in a specific person regarding
her and her family members' safety and well being are deemed to be
an offense under Article 120a. The accused has violated this article if
it can be established that his behavior/ action was such that such fear
would be induced in a
The elements to be proven are:
- That at a specified time and place, the accused was wrongfully involved
in specified conduct that was directed at a specified person that would
cause the victim to fear injury or death to herself or her closest family members.
- That the accused was fully aware that such fear in the mind of the victim
would be the result of his actions.
- That the acts did cause the victim to fear such consequences.
Explanation of Article 120a
'Conduct' in this article refers to the visual or physical nearness
that has been maintained by the accused on more than one occasion with
the victim. It can also refer to a repetitive communication of threats
(verbal and/ or written and/ or conveyed in other means) to the victim.
Proof that the accused has an actual intention to harm/ kill the victim
or her family member is not required. It is not necessary to show that
the accused intended to create such fear in the mind of the victim.
The accused's acts or threats may have threatened the victim herself
or her immediate family or an intimate partner. 'Immediate family'
refers to the victim's spouse, child, parent or sibling. Any other
relative/ family member or intimate partner who is a regular resident
of the victim's household or who resided there within the 6 month
period before the accused's act of stalking started. 'Intimate
partner' refers to anyone who enjoys a close personal association
with the victim which may or may not involve sexual relations.
Maximum Punishment: The accused faces dishonorable discharge, forfeiture of all pay and allowances
and 3 years confinement as maximum punishment. For more information on
this article, please refer to the Manual for Courts Martial.